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Decision-making body : Committee on the Elimination of Discrimination against Women. Case details : Elisabeth de Blok et al. v. The Netherlands , Communication 36/2012, 17 February 2014, CEDAW/C/57/D/36/2012. Applicable legal provisions : Convention on the Elimination of Discrimination against Women. Primary legal issues : Discrimination; paid maternity leave. Related cases : Nguyen vs. The Netherlands , Communication No. 3/2004, CEDAW/C/36/D/3/2004 . Link to case : http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CEDAW%2FC%2F57%2FD%2F36%2F2012&Lang=en Summary Article 11(2)(b) of the Convention on the Elimination of all forms of Discrimination against Women (CEDAW) requires States “to introduce maternity leave with pay or comparable social benefits.” In 2004, self-employed women in the Netherlands were no longer entitled to maternity benefits due to the cessation of a 1998 insurance scheme which had insured against loss of income due to inability to work. Under the new system, self-employed women had to take out private insurance in order to be covered against a loss of income linked to maternity leave. Such insurance often came with restrictions, such as a two-year waiting period for new customers to be able to receive benefits could be paid for maternity leave. As a result of public objections, the Netherlands reintroduced maternity benefits for self-employed women
International Labor Rights Case Law – Brill
Published: Jun 15, 2015
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